JAI SINGH Vs. STATE OF U P
LAWS(ALL)-2001-8-37
HIGH COURT OF ALLAHABAD
Decided on August 29,2001

JAI SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) S. K. Agarwal, J. Heard learned Counsel for the applicant and learned AGA.
(2.) IT is contended by learned Counsel for the appellant that the injury No. 1 is the only substantial injury which has been at tributed to a blunt object. Two persons were attributed role of using a blunt ob ject. Injury No. 2 is a firearm injury and looking to the dimension of the injury No. 1 it could also be either by a fall or by grazing pellets. The story as contained in the FIR runs in the adverse direction and is not supported by the medical evidence. It is further contended that there are injuries including the fracture on tne side of the defence though the were medi cally examined in the jail hospital after eight days but the duration suggested by the Medical Officer in the examination report just tally with the defence story. Trie applications was made but the police has not taken notice of the same as yet. It is desirable that if the version in the nature of the cross case is received either telegraphically or through an application submitted to the Senior Officer it is incum bent upon the investigating agency to register and investigate it. Whether the ver sion are found genuine or incorrect, that is not within their domain before investigating that case. Shutting of such investigation by the police official at its initial stage is an exercise in nipping the defence version at the bud stage. Such situation should not be allowed to prevail any further. The I. G. concerned is directed to issue a circular to this effect to each and every police station calling its force to register every application regarding cross version brought forth by the arrested ac cused or by anyone interested in him, and enquire or investigate the same. It may be oral or in writing.
(3.) IN the circumstances let the ap plicant be enlarge on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Shahjahanpur in Case Crime No. 23 of 2001 under Sec-tiori 3021. P. C. Police Station Mandanapur District Shahjahanpur. Bail granted. .;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.